In its ruling, the Supreme Court noted, “Respect for human rights is the root of human development and realization of full potential of each individual, which in turn leads to the augmentation of human resources with progress of the nation. Empowerment of the people through human development is the aim of human rights.”

The Judgment cites a 2010 UNDP study titled ‘HIV, Human Rights and Social Exclusion’ which notes an increase in HIV and Sexually Transmitted Diseases amongst transgender/ hijra populations. The Judgment also outlines key recommendations from the Report including the need for legal recognition of the community, expanding social welfare schemes and greater involvement of vulnerable communities in policy formulation.

Key highlights of the Judgment:

Recognition of people who identify in the opposite sex is based on self-identification. This includes female identifying as male and male identifying as female

Discrimination on the ground of sexual orientation and gender identity amounts to discrimination on the ground of sex under Article 15

No Sex Reassignment surgery is required for recognition of gender identity

The right of individuals to choose their gender identity is protected under the Constitution

The Judgment directs State governments to ensure livelihoods, expand social security, provide health care, and to make civil amenities like public toilets and restrooms accessible and available for them.

The case was filed by the National Legal Services Authority in 2012 and was subsequently impleaded by civil and legal rights groups.

Since 2009, UNDP has supported efforts at greater recognition for the transgender community. This has included convening stakeholder consultations, generating greater awareness in the legal community and strengthening community institutions.